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Law Grade 11 > Unit 1 > Flashcards

Unit 1 Flashcards

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1
Q

What is the need for law?

A

Law is everywhere, government represents Canadians needs and wants through law

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2
Q

What’s the big idea

A

Law is reflective of society it serves, as mindsets change, so do laws

Eg, divorce laws, abortions laws, reforming rehabilitation (prison), charter of rights

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3
Q

Rule?

A

Not enforced by court, won’t you arrested or charged. You can opt out of rules.

Eg, curfew w parents be moving to uni

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4
Q

Law?

A

You cannot opt out/change laws

Eg, speeding on a highway

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5
Q

Punishments for breaking laws?

A

Paying a fine, compensating for damages, prison/jailtimes

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6
Q

What is the rule of law

A

3 part principals of justice

1.Individuals must accept law to regulate society.
2. Law applies equally to everyone, including people in power
3. Nobody can take our rights away apart from in accordance of the law, no unrestricted use/abuse of power

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7
Q

Morality?

A

What society decides as good and bad

Eg, capital punishment (death penalty) Canada believes it’s immoral

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8
Q

What is justice

A

Justice has varied from age to age (eg Ancient Greece), ideas of justice originate from moral conviction, values, attitudes, and beliefs all fluid.

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9
Q

Characteristics of justice

A
  1. Treat like cases alike and different cases different. (each case has different motives)
  2. We consider law unjust if it discriminates in the basis of irrelevant characteristics (denied from 18+ movie bc of eye colour, irrelevant)
    3.justice should be impartial; that is, laws should be applied regardless of a persons position or financial status. (Eg DV for celeb vs normal)
  3. We expect the law itself to be just in that it conforms to societies values and beliefs
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10
Q

What’s the code of Hammurabi?

A

Earliest known set of written laws, created by king Hammurabi of Babylon in 1754 bce

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11
Q

What is code of Hammurabi known for?

A

Promoting retributive justice, concept of eye for an eye, and codification and introducing the idea of proportional justice

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12
Q

What is class distinctions?

A

Punished were applied based on social status of offender, eg noblement punished more harsh then commoner

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13
Q

Which law had the greatest influence on Canadian law?

A

British law, all the different trial types were influenced from britain

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14
Q

What is trial by ordeal?

A

When a judge is not able to come to a verdict the accused goes under torture. If you survive you are innocent by the will of god. Only used when penalty is death

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15
Q

What is trial by oath?

A

For less serious charges, offenders swear on bible of innocence, if complied they were free. Communities feared god.

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16
Q

Trial by combat?

A

2 parties engage in a dual, presumed gods on the innocents side

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17
Q

Adversial system?

A

Trial by combat led to the same idea instead people would hire stronger people to dual, this led to lawyers today.

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18
Q

Who created laws?

A

William the conquerer

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19
Q

Divine right?

A

Belief that monarchs are above the law because god put them in that position.

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20
Q

Feudal system? What is it today and the problems w it?

A

William created the feudal system, a land ownership system which divided England into parcels of land and pu a nobleman in charge of each part.

Today this is represented by provinces.

Each nobleman could do what they wanted w ppl,land, animals etc. essentially make whatever laws they wanted, led to complaints.

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21
Q

Case/common law

A

Created travelling courts to instill justice and fairness. Recorded cases along with the decisions. Common law was common to all.

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22
Q

Stare descisis

A

Stand by the desicison, looks at past and follows precedence, developed into rule of precedent.

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23
Q

Legal reforms

A

Created juries

24
Q

Magna Carta

A

Signed by Henry’s son, forced monarchy to face reality of limited power, no more unrestricted power. Also called great charter.

25
Q

Habeas corpus

A

Component of Magna Carta, “you must have the body”, offender present for trial.

26
Q

First Nations law

A

Beliefs and legal system First Nations had prior to colonizatiom

27
Q

The great binding law

A

Rights, duties, responsibilities made by First Nations

28
Q

3 sources of law

A

Common law, statute law, constitutional law

29
Q

Common law

A

Judge made laws based on precedent, if judges don’t agree they distinguish a case.

30
Q

Define “distinguish a case”

A

Identifying a case as being sufficiently different from previous cases as to warrant a different decision

31
Q

Statute law

A

Laws passed by elected representatives in the form of acts, override common law

32
Q

Federal government

A

Enacts laws in its own jurisdiction which all Canadians must follow (criminal law, divorce, baking etc)

33
Q

Provincial governments

A

Laws Within province jurisdiction, police, property rights,, education, roads/highways

34
Q

Municipal government

A

Created bylaws, takes care of local issues (how high ur fence is, garbage collecting)

35
Q

Constitutional law

A

Limits government power by setting basic laws, standards and practices all law makers must follow

36
Q

International law

A

Law that governs the conduct of independent nations and their relations with others, eh treaties or agreements like nafta

37
Q

Domestic law

A

Laws enforced within nations borders, crossing the border means law applies to u

38
Q

Substantive law

A

Define rights, duties, and obligations of citizens and government

39
Q

Statute law

A

Written laws passed by legislative body

40
Q

Procedural law

A

Methods enforcing the rights/obligations of substantive law (obligations, rights and duties) eg correct trials, arrests, no abuse of power.

41
Q

Public law

A

3 categories, constitutional, administrative, criminal

Cases between individuals and the state

42
Q

Administrative law

A

Laws related to people vs government, departments, agencies or boards. Eg going to compensation board for injury as worker

43
Q

Criminal law

A

Crimes and the prescribed punishments

44
Q

Private law

A

Private individuals and organizations and individuals , eg compensating individuals who are harmed by acts of others

45
Q

Tort law

A

Law used to sue, hold others accountable for damage caused to another person.

46
Q

Contract law

A

Provides rules against people and businesses, creating terms etc

47
Q

Family law

A

Family life, marriage, divorce, property division child custody

48
Q

Wills & estates

A

Division/distribution of property after death, estate lawyers ensure will is made

49
Q

Property law

A

Property ownership rights

50
Q

Employment law

A

Employer- employee relations, labour hours, minimum wage, safety etc

51
Q

3 branches of government

A

Executive: federal lvl, in charge of administrative laws, carries out plans and policies, elected by pm

Legislative: creates bills passed laws, appointed by govener

Judiciary: independent branch, judges, decide punishments, appointed on merit

52
Q

Court systems (below supreme)

A
  1. Province court of appeal: redos, if feel previous trial was unfair
  2. The superior court/federal court: serious offences
  3. Provincial court: less serious offences
53
Q

Key principals of Justice

A

Separation of powers, impartiality, presumption of innocence

54
Q

Greek influence

A

Democracy, juries

55
Q

French, Justinian, Roman influence

A

Common law, 12 tables, justsnian code.

56
Q

Mosaic law influence

A

Concept of restitution, paying owner back what was taken, shifting away from Hammurabi’s harsh punishments

Law Grade 11 (1 decks)

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